The ABC's of Workman's Compensation
Workman's compensation, or as it is often called, "Worker's Comp", is the name that refer to a system of laws that offers protection to injured workers. Its intended goal is to make sure that anyone who is injured at work receives medical care appropriate to their injury. The laws also provide for recovery of lost wages. When necessary, it provides for the retraining and rehabilitation necessary to return to the workforce. In the event a worker is killed on the job, benefits would extend under most circumstances to the worker's family.
Although the system of laws governing Worker's Comp makes recovery of benefits easier than in normal personal injury cases, it is not unusual to need the services of an attorney to protect your rights and to insure that you receive all the benefits to which you are entitled. There are attorneys that specialize in Worker's Comp laws, and it is advisable to seek one of them. Not only do laws vary from state to state, but often courts vary from city to city, so by all means, if your injury occurs in, say, Boston, than be sure to hire a Boston personal injury attorney to represent you.
There are a few things that could exclude you from coverage under Worker's Comp laws. Although this does depend on the jurisdiction, employees may lose their benefits if their injuries or death results from either willful misconduct or from intoxication.
In addition to normal Worker's Comp benefits there are some special federal laws which provide additional protection to certain classes of workers.
-----The Jones Act. Intended for seaman on U.S. flagged vessels
----The Federal Employment Liability Act (FELA). For employees of railroads engaged in interstate commerce.
----The Longshore and Harbor Worker's Compensation Act (LHWCA). For employees of certain classes of private maritime employers
----The Black Lung Benefits Act. For miners suffering from black lung disease.
It is not unusual for an injured employee to have some difficulty with either their employer or with the Worker's Compensation system. The employee usually has little knowledge of his rights although the employer is usually pretty sure about them. The employer also has some little tricks up their sleeves for minimizing their liability. The worker is walking through a minefield here, and this is where that Boston personal injury lawyer comes into the picture.
It is hard to even trust the doctor in these cases. Employees are often told they are fine to return to work by a doctor whose loyalty is much stronger to the employer than the employee. Another practice that is sometimes used by employers to limit Workman's Comp liability is to return the employee to work at a different position. This special position is a promotion that involves much less physical exertion, and the employee accepts it, and then in a couple of weeks he finds himself laid off and the position eliminated. Once he returned to work his Workman's Comp benefits ceased, and now he has lost them.
The attorney can guide you, and make sure you receive what you have coming to you under the law. These cases are procedural, and are not lawsuits as in non-work related personal injury. However, an exception is made when the injury is caused by a deliberate action of the employer, or when the employer fails to carry Workman's Comp Insurance even though required by law to do so. You then have the right to sue the employer outside the Workman's Comp system.
